NEW ORLEANS, Louisiana (AP) -- A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury. art.beating.ap.jpg

An Associated Press videographer captured this scene of New Orleans police officers struggling to subdue Robert Davis about six weeks after Hurricane Katrina struck. Click to view previous image 1 of 2 Click to view next image

"I didn't even find this a close call," said District Judge Frank Marullo.

Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.

Evangelist, who elected to have his case heard by Marullo without a jury, pleaded not guilty to second-degree battery and false imprisonment. Marullo acquitted him of both counts.

Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes.

"This event could have ended at any time if the man had put his hands behind his back," the judge said.

Evangelist and Lance Schilling were fired after being accused of the beating. Schilling killed himself June 10.

A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler.

Smith served a 120-day suspension and remains on the force. Don't Miss

* No charges for Katrina doc

The officers said Davis, who had returned to New Orleans to check his property, started a confrontation after they stopped him on suspicion of being drunk. Davis, who was booked with public intoxication but never charged, said he hadn't been drinking.

Davis testified Tuesday that he was headed to buy cigarettes in the French Quarter when he asked a police officer what time a curfew took effect that night. Before the officer could answer, a different officer cut him off, Davis said.

"Those were ignorant, unprofessional and rude officers," Davis recalled saying as he walked away from the policemen.

Moments later, an officer grabbed him from behind, threw him against a wall and punched his face, Davis testified. His assailant uttered a racial epithet during the attack, he said.

"I don't remember very much after that point," Davis said.

Franz Zibilich, one of Evangelist's attorneys, said his client "acted appropriately and well within police standards."

Dr. Frances Smith, who treated Davis at an emergency room, testified that he suffered facial fractures. Davis said he still feels lingering physical effects from the attack.

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I would say it's the aquital that got me. Especially the timing. They took their sweet as time to arrive at a conclusion maybe because they did not want to deal with massive protests and rioting or they just wanted this to go under the radar. Swept under the rug. But the Locals know. And they will remember. And when the NOPD go out and ask for the "public's" help, I image some Locals may not chose to listen. It's sad, but until the cops whips someone's ass who's related to somebody important, this shit will never get the spotlight it deserves. Thank God for Al Gore's son......it may just happen yet.........

Terrell TX

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Well Angel I am a black man with a brain and my own thoughts, if that makes me "whiter" than you....then Okie doodly neighbor.

I never inferred that the cops in N.O only beat up black people. They actually enjoy busting everybody's ass, especially if the are drunk in the quarter. I have had guests at my hotel who got their asses beat by the cops in the quarter. Those steel whip sticks ain't no joke.....BTW thanks for the nice visual of your "Lilly White Ass", dude that's just fuckin' awesome....Thanks.

Terrell TX

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About this case and how the cops handled an Elderly Old Man who may have drunk. Ok so the guy won't put his hands behind his back, you have a crowd full of people watching. So you do the logical thing and start punching the back of his head? Would he have taken that approach with a female? I don't think so. His ass would have been convicted so fast it isn't even funny. How about the cop on the horse? Moving the horse to block the camera, if his buddy wasn't doing anything wrong, then why bother? This case sent a very bad message to an already distrustful local community, and there are many who simply will no cooperate with helping law enforcement because of shit like this. I'm the last one to jump on the Race Card Band Wagon, but honestly would it have really been that hard to call over for some back up and force the man to the ground and put his hands behind his back? If they guy took a swing at him it would have been a different story, but he just put up some resistance. I mean come on he couldn't have taken down an old man without all that? If the cop suspected him of being drunk why would he be so angry about him failing to obey his orders? Drunk people don't think right. If this was a "Cops" episode, do ya'll really think the cop would have used the same tactic to get the man to comply? Cops in the quarter have a very bad reputation when it comes to using Unnecessary force. Some people will never understand that distrust because they never experienced the arrogance and hostility that some, not all but some, cops display within certain communities. This is the kind of shit that makes people want to burn their cities.........just the same old same old......

Terrell TX

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angel,

I'd like to consider myself smarter than the average bear. And I've never skated jury duty, any more than I skated elections. In order for our republic to function, people can not just shirk their civic duities. I've sat on two juries. One for a drunk driving case ( found his ass guilty). One for a rape trial (jury hung). The people on the jury were all over 65 except me. Most of them didn't understand the consensual sex thing and buyers remorse. Lucky for that guy I was on the jury.

Port Saint Lucie FL

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LOL simba..... I'm a guy.... and like i said i had to pay a fine for speeding and a fine cause my tail light was broken. Probably lucky he didn't beat my head in.

Port Saint Lucie FL

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Scotty you have to be a female to get away with that line.....and then add "Ooooo I lovvvvve chocolate chips". :)

Gresham OR

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I got pulled over by the chp on some interstate near san diego. the cop happened to be black. So i asked him "are you a chocolate chip"? my tail light inexplicably became "broken".

Port Saint Lucie FL

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guess when a cop tells you to put your hands behind your back you should listen.

Personally I think if you run you're guilty of something.

Port Saint Lucie FL

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NEW ORLEANS, Louisiana (AP) -- A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury. art.beating.ap.jpg

An Associated Press videographer captured this scene of New Orleans police officers struggling to subdue Robert Davis about six weeks after Hurricane Katrina struck. Click to view previous image 1 of 2 Click to view next image

"I didn't even find this a close call," said District Judge Frank Marullo.

Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.

Evangelist, who elected to have his case heard by Marullo without a jury, pleaded not guilty to second-degree battery and false imprisonment. Marullo acquitted him of both counts.

Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes.

"This event could have ended at any time if the man had put his hands behind his back," the judge said.

Evangelist and Lance Schilling were fired after being accused of the beating. Schilling killed himself June 10.

A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler.

Smith served a 120-day suspension and remains on the force. Don't Miss

* No charges for Katrina doc

The officers said Davis, who had returned to New Orleans to check his property, started a confrontation after they stopped him on suspicion of being drunk. Davis, who was booked with public intoxication but never charged, said he hadn't been drinking.

Davis testified Tuesday that he was headed to buy cigarettes in the French Quarter when he asked a police officer what time a curfew took effect that night. Before the officer could answer, a different officer cut him off, Davis said.

"Those were ignorant, unprofessional and rude officers," Davis recalled saying as he walked away from the policemen.

Moments later, an officer grabbed him from behind, threw him against a wall and punched his face, Davis testified. His assailant uttered a racial epithet during the attack, he said.

"I don't remember very much after that point," Davis said.

Franz Zibilich, one of Evangelist's attorneys, said his client "acted appropriately and well within police standards."

Dr. Frances Smith, who treated Davis at an emergency room, testified that he suffered facial fractures. Davis said he still feels lingering physical effects from the attack.

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